Recent Family Law Cases in Gwinnett, Barrow, and Hall Counties

Over the years I’ve handled hundreds of cases. Each fact scenario is different and attorneys CANNOT guarantee results, regardless of what you’ve heard. The key to a successful result is a successful evaluation, based on the facts and law. Below are some case examples from my perspective that show you what results can be achieved. Your case is different and your result cannot be guaranteed. Each case below is an actual case. These are just a few of our successes.

I represented the woman/Defendant. The Plaintiff sued, asking for more child support, that my client be incarcerated for non-payment, and to suspend my client’s visitation. We filed an answer and a counterclaim. My client’s visitation rights had been severely limited due to the divorce custody order which indicated that she had been addicted to Meth and that she had a borderline personality disorder. Her Ex was routinely denying visitation and she was denied access rights to her child. He had denied her a complete week of visitation. After an day-long trial I was successfully able to argue that she had been rehabilitated from the meth addiction, had stabilized, and was due normal visitation due to a material change in circumstances. The court agreed with us and changed the visitation, awarded her an extra week of visitation, and reestablished her to so-called standard visitation rights. Her visitation was not suspended, and she was not incarcerated.

G—–e v. G—-e, Gwinnett County Superior Court, Divorce

Ordered June 10, 2011, successful property award

I represented the Husband/Plaintiff. My client and his much younger wife of 3-1/2 years were experiencing financial difficulty. She charged over $75,000 to his accounts, and has refinanced his home to the tune of over $50,000. An investigation revealed that she had done this before. I call this a “legal scam”. A younger woman marries an older, successful, man, gets as much money as possible in a very short period of time, then divorces him. In this case, she offered to settle if both would just leave the marriage, since the debt incurred was marital debt. After offering over 20 exhibits we were able to prove that the marital debt was incurred by her and that she should be responsible for at least the HELOC loan on my clients house. The judge agreed. She was ordered to pay the complete HELOC Debt at the rate of $470 per month for five years. After the judgment, she still refused to pay. We successfully located her, served her, and the judge incarcerated her for contempt of court. She paid a sum of approximately $5,000 to be released. She continues to be under the order of the court and subject to incarceration.

L—–y v. L——y, Barrow County Superior Court, Divorce

Ordered February 12, 2010, successful custody change from temporary order

I represented the wife who was pregnant with the child of another man (not her husband). The wife came to me, having lost custody of her child. She has just released her previous attorney. She was 7 months pregnant, a court date was scheduled in three weeks, and she was under a temporary order which did not allow her current boyfriend to see her child. She was upset and thought she had no hope, since she was seeking custody and was pregnant with another man’s child. Her current boyfriend was a New Yorker who had gone on myspace.com and had written some inflammatory statements. She had gotten pregnant with her boyfriend, and faced losing custody of her previous child. We had a hearing in Barrow County Superior Court, producing four credible witnesses, and introducing the myspace posts ourselves with explanations. We successfully argued that it was in the best interest of the minor child to return home to the mother, to have a relationship with her boyfriend, and to receive child support from the father. The judge reversed the temporary order, gave my client custody, and ordered her husband to pay child support.

G——e v. G——e, Gwinnett County Superior Court, Divorce and Contempt

Ordered March 31, 2011, Successful Property Distribution

I represented the husband, a paraplegic. He had gotten a settlement in excess of $500,000 for an automobile accident in which he was severely injured. He had married. After the money was gone, his wife divorced him. The only significant property left was a van, which had originally cost $80,000. She took the van and left, leaving him with another smaller van. After evaluating the case, we asked for an emergency hearing for a return of the first van. We successfully argued that it was separate marital property. The Defendant Wife was ordered to return the van to my office parking lot. After that hearing she agreed to settle and a consent agreement was signed.

My client had left a rehabilitation facility early, believing that his probation had ended, relying on a judge’s order. The Probate Office/State moved to incarcerate him for the remainder of the probation for failure to complete his rehabilitation. After reading the order, I argued that he had complied to the letter of the order, which did not contemplate going past the first probation deadline. The judge agreed. The case was dismissed and my client immediately released.

I represented the Father, who had custody of his child. The Mother filed a petition to change custody, based on her allegations that the child was spending more time with her than him. After seeking my advice, my client developed a journal which clearly showed parenting times. Additional evidence from school was gathered. After a lengthy hearing, the Mother’s petition was dismissed and my client continued to have sole physical and joint legal custody of his child.

In Re M—-y, Gwinnett County Juvenile Court by Transfer from Superior Court, Change in Custody

Ordered December 8, 2012

I represented the Mother and Grandparents. The Grandparents had temporary guardianship of an older teen. The Mother had some drug issues but was recovering. The Father sued for custody of the child and to dissolve the Guardianship. After a contested hearing in Juvenile Court, we were able to negotiate an amicable settlement with the Father which resulted in the Grandparents continuing to have Guardianship of the minor child and the Mother to retain her rights.

P—–t v. P——t, Hall County, Divorce

Ordered July 29, 2010, Divorce, Grandparents Visitation Rights

I represented the Husband and his parents in a very sad divorce case. The Father was convicted of child molestation prior to the divorce (not his child). The Husband had been sentenced to serve many years in prison. The Grandparents desired visitation with his child in the divorce and the Mother opposed this. I filed an intervention on the behalf of the Grandparents. At the conclusion of the hearing I was successful in helping them obtain reasonable visitation with their grandchildren and in relieving the Husband of paying any child support while incarcerated.

I represented the Mother. The parties had a shared custody arrangement. The Mother was considering relocating and was concerned with this arrangement and the lifestyle of the Father. The Father strongly opposed the change. After testimony and evidence presented we were able to convince the court that it was in the best interest of the child that custody be changed, and that the Mother become the primary physical custodian. Primary physical custody was awarded to the Mother.

I represented the Father. The parties had a 50/50 arrangement. The Father was paying child support and was behind approximately $46,000. The Father desired custody based on the desires of the children and conduct of the Mother, and was in danger of being incarcerated for non-payment of child support. The mother had assigned her rights to child support services, who had at one time suspended the Father’s drivers license. After a lengthy court hearing we were able to convince the judge that it was in the best interest of the children to be with the Father and for the Mother to pay him child support. Primary physical custody was awarded to the Father and the Mother ordered to pay child support, for which she received a monthly credit against the Father’s arrearage.